TMI Blog2018 (8) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... no provision for interest in case of any duty stand payable on finalization of the provisional assessment. Therefore, in case of provisional assessment being finalized, Section 28AB is not applicable. When Government realized that there should be a provision of interest even in case of provisional assessment when it is finalized a specific provision by inserting sub Section (3) was made in Section 18 of the Customs Act, 1962 - demand of interest for the period prior to 13.07.2006 set aside. Appeal allowed in part and part matter on remand. - Appeal No. C/140/2009-DB, Appeal No. C/358,416/2011-DB - A/11269-11271/2018 - Dated:- 19-6-2018 - MR. RAMESH NAIR, MEMBER (JUDICIAL) And MR. RAJU, MEMBER (TECHNICAL) For Appellant: Shri P. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the goods manufactured by the assesse is not based on the cost of the product but it is based on the price prevailing in LME, therefore, the question of unjust enrichment in the facts of the appellants does not apply. He alternatively submits that since the appellant was under bonafide belief that as per the peculiar fact of pricing of the appellant s goods, the provision of unjust enrichment is not applicable, therefore, documents such as balance sheet, ledger to establish that the incidence of duty paid during the provisional assessment was not passed on to any other person could not be submitted before both the lower authorities, therefore, the factual aspect of unjust enrichment was yet to be verified. As regard Revenue s appeal which s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t passed on to any other person by submitting the necessary documents, the refund amount was rightly credited into consumer welfare fund. As regards, the Revenue s appeal, he submits that the specific provision for interest by insertion of sub Section 3 of Section 18 came into effect from 13.07.2006 but general provision of interest under Section 28AB was existing during the relevant period, therefore, in terms of Section 28AB, the assessee was required to pay the interest. 4. We have carefully considered the submissions made by both the sides and perused the records. We find that as regards the assessee s appeal on the issue of unjust enrichment, the fact that whether the incidence of excess paid duty was passed on or otherwise has not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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